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§12A-3-310.
§12A-3-310.
EFFECT OF INSTRUMENT ON OBLIGATION FOR WHICH TAKEN
(a) Unless otherwise agreed, if a certified check, cashier's check, or
teller's check is taken for an obligation, the obligation is
discharged to the same extent discharge would result if an amount of
money equal to the amount of the instrument were taken in payment of
the obligation. Discharge of the obligation does not affect any
liability that the obligor may have as an indorser of the instrument.
(b) Unless otherwise agreed and except as provided in subsection (a)
of this section, if a note or an uncertified check is taken for an
obligation, the obligation is suspended to the same extent the
obligation would be discharged if an amount of money equal to the
amount of the instrument were taken, and the following rules apply:
(1) In the case of an uncertified check, suspension of the obligation
continues until dishonor of the check or until it is paid or
certified. Payment or certification of the check results in discharge
of the obligation to the extent of the amount of the check;
(2) In the case of a note, suspension of the obligation continues
until dishonor of the note or until it is paid. Payment of the note
results in discharge of the obligation to the extent of the payment;
(3) Except as provided in paragraph (4) of this subsection, if the
check or note is dishonored and the obligee of the obligation for
which the instrument was taken is the person entitled to enforce the
instrument, the obligee may enforce either the instrument or the
obligation. In the case of an instrument of a third person which is
negotiated to the obligee by the obligor, discharge of the obligor on
the instrument also discharges the obligation; and
(4) If the person entitled to enforce the instrument taken for an
obligation is a person other than the obligee, the obligee may not
enforce the obligation to the extent the obligation is suspended. If
the obligee is the person entitled to enforce the instrument but no
longer has possession of it because it was lost, stolen, or destroyed,
the obligation may not be enforced to the extent of the amount payable
on the instrument, and to that extent the obligee's rights against the
obligor are limited to enforcement of the instrument.
(c) If an instrument other than one described in subsection (a) or (b)
of this section is taken for an obligation, the effect is (i) that
stated in subsection (a) of this section if the instrument is one on
which a bank is liable as maker or acceptor, or (ii) that stated in
subsection (b) of this section in any other case.
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